Billings v. Everett

Citations

• 52 Cal. 661

Syllabus

<p>Faiduee of Consideration of a Note.—If E agrees with C, in writing, to give him the right of way across his land to dig a ditch for irrigating purposes, and to give him one and fifty one-hundredth dollars per acre for each acre of his land which can he irrigated from the same, the ditch to he completed hy a time fixed, and if not thus completed the agreement to he void, and if E then gives C his note for the amount to he paid for the number of acres to he irrigated, due at the time fixed for the completion of the ditcji, with a verbal understanding that the note is not to he paid if the ditch is not completed at the time, then, if the ditch is not completed at the time fixed, there is a failure of consideration for the note, in whole or in part.</p> <p>Finding of Facts.—If the answer sets up new matter, which, if true, constitutes a defense, the Court must find the facts in relation to the same.</p>